Pursuant to a Decision and Order of this Court, defendant was directed to
produce, for an in camera review, 13 Unusual Incident Reports which had
been specifically requested by claimant. Defendant was also directed to produce
the mental health file for inmate Daniel Thomas, the alleged perpetrator of the
assault against claimant which is the basis for the instant claim. In order to
facilitate the Court’s review of these documents, defendant was also
directed to produce a second copy of each document, redacting any information it
sought to protect from disclosure.

Defendant has produced these documents in compliance with the Court’s
Order, and the Court has now completed its review of both the redacted and
unredacted copies of these documents. With respect to the 13 Unusual Incident
Reports, the Court finds that the only information redacted by the defendant was
limited to personal identifying information regarding the inmates involved in
those incidents.

Similarly, the Court has reviewed the entire clinical record of Daniel Thomas,
as well as a redacted copy of the “mental health referrals”. Again,
defendant has only redacted personal identifying information pertaining to
inmate Thomas on the redacted copies of the mental health referrals.

Upon completing its review and after careful consideration, the Court finds and
determines that the 13 Unusual Incident Reports and the mental health referrals
for inmate Thomas may be relevant to the issues at hand in this claim, and
therefore, in their redacted form, are subject to disclosure. Accordingly, the
redacted copies of the 13 Unusual Incident Reports and the redacted copies of
the mental health referrals for inmate Thomas must be provided to
claimant’s counsel.

Furthermore, after conferring with counsel for the parties, claimant’s
counsel has agreed to execute a Stipulation of Confidentiality with regard to
the records and documents to be produced pursuant to this Decision and Order.

Therefore, it is

ORDERED, that upon execution of a Stipulation of Confidentiality, as agreed to
by counsel for the parties, defendant shall provide claimant’s counsel
with copies of the 13 Unusual Incident Reports, and copies of the mental health
referrals for inmate Daniel Thomas, with all documents redacted in the same
manner as those copies previously produced to the Court; and it is further

ORDERED, that after conferring with counsel for both parties, all depositions
and disclosure shall be completed on or before November 15, 2008, and
claimant shall then serve and file a note of issue and certificate of readiness
on or before December 15, 2008.